04: Detained Grief

As the Dowaliby family were trying to comprehend what had happened to Jaclyn, their grief would be detained.

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Episode Transcript

(00:10):
This was before John Bonnet Ramsey,before you started hearing about parents even being
considered suspects in something like this bigcoups developer theory of what happened here.
They thought that there must have beensuborbal accident in the house. He says,

(00:38):
nobody got in that windom. Postedby Emily G. Thompson and Eileen

(00:58):
McFarlane. This is the shattered window. If the Duallaby family had any plans
to spend September eighteenth, the dayafter their daughter's funeral, morning in peace,

(01:19):
then they were going to be sadlydisappointed because investigators and the media had
a different plan. The front pageof the Chicago Tribune carried a story titled
strangling of seven year old girl remainsa puzzle to police. The article was
one of the first to highlight thelack of evidence police had implicating the Duallabies,

(01:45):
but the title alone made Cynthia breakdownand run into Jacqueline's bedroom. It
was the first time that she learnedhow Jacqueline was killed. Early that morning
with Luthian police had applied for awarrant to search the duall Hollaby's car,
property, and the person of DavidD. Wallaby. Just the day after

(02:07):
latting their daughter to rest, Cynthiaand David were startled by a lloyd knock
on their front door. The teamof twenty one police officers armed with search
warrants stormed into their home. Theofficers were from mid Lothian Police, the
Illinois State Police, the FBI,and several suburban police departments. I don't

(02:30):
think you're supposed to come in hereunless our lawyers are present, David said,
but the officers assured them that theycould be there. It had only
been three days since there had beenofficers stationed at the house twenty four seven.
For five days, the street wasclosed off to traffic for ours as
the media and onlookers converged to geta glimpse of the spectacle hitting Baldwin.

(02:54):
The crime scene technician was on theteam and the conducted the warranted search of
the home. They collected a lightpink blanket from the basement, ropes,
two pillow cases, Jacqueline's pillow,the top and bottom sheets from Jacqueline's bed,
and her mad dress pad. Again, photographs were taken of the interior

(03:16):
and exterior of the house. Justdays earlier, Midluthian Police Chief William Fisher,
had requested cooperation of the Duwallaby familyand had asked them to sign a
consent form. However, Anne,who was the owner of the home,
had refused, telling Chief Fisher thatshe would not be doing anything without the

(03:38):
consent of her attorney. However,they then returned with a search warrant.
By the afternoon, a police wouldleave the ranch style home with nine paper
bags filled with items to be examinedin the state crime laboratory, as well
as the light blue Chevy Malibu thatthe family owned. Jevy Malibu was told

(04:00):
to a garage where forensic experts examinedit and returned it to the family later
on that afternoon. Taken from thecar's evidence was a roll of twine,
herne and the black matting from thetrunk of the car. Police released a
statement in which they said they believedthat Jacqueline had been strangled manually and that

(04:21):
the rope had been tied around herneck as a ruse to confuse police.
However, doctor Robert Stein, themedical examiner who conducted the autopsy, was
quick to refute this claim, sayingthat he was certain that Jacqueline had been
strangled to death with the rope.Shortly afterwards, police then released a statement
which said that the family members hadnot yet been ruled out of suspects,

(04:44):
to which one of the Duallabi's attorneys, Laurence Hyman, replied that they were
innocent of any wrongdoing whatsoever and thatthe police investigation was an outrage. Appeared
on September ten, and when thesky Captain Damie mckinnicks from them, I

(05:06):
say please to charge of the investigation. The next day on the eleventh,
and when on the thirteenth here isevidence technician and guy named Hayden Badwin oh
Kay mcdivott that in his judgment,this window had been broken from the inside.
I think that's when the television reallystarted. The physical evidence was sent

(05:31):
to the Steward Crime Lab for analysis. Davie was upset by the scene.
The four year old didn't understand whythere were police officers in their home again.
Where's Jacqueline, he asked, Jacquelineis in heaven, Cynthia told him.
He asked when Jacqueline was coming back. Cynthia simply told him that when

(05:54):
someone goes to heaven, they don'tcome back, but you still love them
and keep them in your heart.Cynthia still couldn't believe that it was Jacqueline
they had found. Oftentimes they sleptat a neighbor's house because Cynthia couldn't sleep
in the house anymore. David replacedall of the locks and started to sleep

(06:15):
with a shotgun nearby. Davie wasbecoming increasingly anxious. He would no longer
sleep without a light on and refusedto sleep near the window and would scream
if he saw a shadow, terrifiedthat he would be taken next, Cynthia
and David moved Davie's mattress into theirbedroom and put it beside their bed.

(06:41):
Cynthia would reach down and hold Davie'shand until they both fell asleep. The
family understandably didn't want to speak tothe media while in mourning. Thankfully,
they had a horde of supporters whowould defend them to anybody that would listen.
Never stood by the emily and letthe media know that the Duallabies were

(07:02):
a loving and caring family and thatthey never once heard either parent raised their
voice to Jacqueline or David. David'sboss, Ron Patterson, recalled that the
only time David took a day offwas when he picked up the adoption papers
for Jacqueline, describing David as aproud and happy person. Many of the

(07:24):
logos. Couldn't help but feel likethe investigation was turning into a witch hunt,
with Cynthia and David in the firingline. Cynthia said, after the
police searched our house, the placewas a mess. Doors were left open,
beds were moved, papers were lyingon the floor. We noticed that

(07:44):
they had gone up to the attic. I kept a treasure box up there
with my wedding dress and other specialthings in it. I looked through the
box and found Jacqueline's baby book.All of the pages were torn out,
her first two first food, thingslike that. Only the cover remained.

(08:05):
I never saw anything about it ina police report. I never knewho took
it. Was one more thing takenaway from me about Jacqueline. Captain mcdavitt
told reporters that there had been nocommunication from the Duallabies since the day that
Jacqueline's body was fined, Continuing onthe lead that Cynthia and David could have

(08:28):
been involved with Jacqueline's murder, investigatorsreturned to the area that her body had
been found and distributed photographs of Cynthiaand David, as well as photographs of
their car, among the residents ofthe apartment block, inquiring as to whether
anybody had seen them in the area. They also showed photographs of four other

(08:52):
women and four other men. JoeCosmon was one of the officers on the
task force. This was this wasthe well not the major. We've had
murders and things like that in BlueIsland, but this one was a young
child. And this was before Joeand John Bonet Ramsey, before you started

(09:15):
hearing about parents even being considered suspectsin something like this. I mean,
this was groundbreaking, and that's whyI said at first they were not the
targets. There were there were somethings that caused people to pause and say,
well, well that's weird, butthere it was just a series of
things. It was not where theywere targeted right from the goal. This

(09:39):
was like the da Wallaby case waslike the first big one that really it
really shook Illinois. It really did, because, especially towards the end when
it started focusing on the parents,and I think the public focused on the
parents way before we did. Youknow, what we were told is they

(10:01):
were looking into several different things.There was no one strong. There were
some things, you know, theyweren't focused on just one or two people.
You know, they might have been. There were some things said in
the original interviews that kind of broughtpause to the investigators. But you see,

(10:22):
now her body was found on aWednesday, maybe by that Friday Saturday.
Yeah, and when they started doingthat, that's it started narrowing.
But even after that, Dan McDivitt, who was the captain from the state
Police who ran the investigation, atthe start of every meeting or intelligence meeting

(10:45):
would say, Okay, are wemissing anything? Is there anyone else we
want to look at? In fact, I remember Mike Schultz from Midlothian.
He since passed, but he says, you know there was something about the
mailman's Okay, let's go look atthe mailman again. So I mean it
was never okay, Sam and noelse. We tried to look at everything,
and it just got became apparent tous that we didn't think anyone else

(11:07):
got into that house. At thatpoint. We were involved in the day
to day activities. Like I said, we went to the meetings, we
talked about anybody who possibly could havebeen a suspect. We were brought up
to speed and it just kept comingdown that it didn't appear that anyone could
have gotten into that house. Whatwhat it became apparent is it goes back

(11:33):
to that Friday night, the fridayshe went missing. Is David had bowled
at Broke Bowl in Blue Island andthis probably would have been on the route
he would take to get back tomidd long to residence. Derek Darling and
Gloria Leek had said that they sawa Chevrolet Malibu near the island or apartments

(11:58):
on September at one thirty pm.They were sure about the time because they
had gone to make a phone callDarling McCall the car having rough spots and
one of the front signal lights wasmore dull than the other. Duallaby's Malaboo
had one dull light. The problemwas it couldn't have been their car at

(12:20):
that time. On that day,Cynthia was being interviewed by the police at
home, and her Chevy Malibu wasparked out front. On September twentieth,
just a couple of days after theinvestigators searched the Duallaby home, they went

(12:41):
public with their belief that Cynthia andDavid were involved in the murder. However,
they did not elaborate as to whythey had come to this conclusion or
what it was based on, muchto the outrage of Cynthia's attorney, Laurence
Timan, who exclaimed that there wasno evidence of any kind to get the
couple. A statement penned by theattorneys read, the Duallaby family is innocent

(13:05):
of any wrongdoing. They have cooperatedfully with law enforcement. This investigation has
become accusatorial. It is an outratethat police and others are compounding their tragedy
by inferring that members of the Duallabyfamily are suspects or have withheld any information
in the death of their daughter.Were investigators on the case assuming guilt because

(13:28):
of Cynthia and David's reluctant to speakto them through fear of implicating themselves.
Cynthia, David, their attorney,and much of the public believes so.
It isn't unheard of for family membersof murder victims to plead the fifth because
if they were to say something thatpolice been suspicious or strange, even if

(13:50):
they were completely innocent, then theycould still be implicated or arrested. Most
of the media statements came directly fromthe police, so d Wallabi's narrative never
came across. The only reporter whoseemed to speak out against the constricting investigation
was channeled vised Paul Hogan. Hesaid that the police were using pressure tactics

(14:11):
on the duallabies and quote, onlyevidence strong enough to lead to arrest,
charges and convictions can remove that presumptionof innocence. The following day, while
police were speaking about the evidence beingfast tracked by the State crime Lab,
Captain mctivott to Hogan off the record, something that would further the media bias

(14:31):
and temporarily silent one of the onlyreporters that believed they were innocent. The
primary factor is Color's vision as thecops opposity of that happened here. They
thought that there must have been suburberaccident in the house, but David and

(14:54):
Sythia one or the other had onat rail track one, and then that
they tried to cover it up bystaging a break in and stupidly breaking the
window from the inside. I mean, it might have made some sense,
certainly that the only state police commanderin charge of the investigation a guy named

(15:20):
Daniel McDivitt, a sort of wrisperto reporters. Initially, when I asked,
well, how are you so surethat they did it, he said,
well, what would you think ifI told you the window was broken
from the inside, And one ofthe reporters, a guy named a television
reporter named Paul Hogan, basically said, well, that's the ball game,

(15:43):
obviously or guilty, And so Ithink that that was a kind of a
mindset of the police going into it. The broken glass taken from the d
Wallaby's home was analyzed by state forensicscientist Joseph Ambrovich, and he found a
fingerprint. He compared it to Cynthia, David Ann and Davy's fingerprints and found

(16:04):
no match. The other evidence ceasedduring the search, and the evidence taken
from the area of Jackklins's body wasfound, as well as her autopsy,
were given to forensic scientist Jenny Hann. On the rope found around Jacklin's neck,
there were two hairs. One appearedto be Jacquelin's, the other was
not a Caucasian hare. There wasalso lime green paint found on the rope.

(16:27):
There was no such paint in theDwallaby home. Two hairs were found
on Jacquelin's underpants that had been locatedclose to her feet when her body was
found. The first appeared similar toJacklins and the second was a brown pubic
hair that dephney could not have comefrom the child. Jacqulin's finger nails had
been clipped during the autopsy and therewere blood found under seven of the clippings.

(16:51):
Hand typed the blood and found thatit was Type OH, the same
blood type as Jacklin. It ispossible the blood was a result of decomposition,
but it also could have come fromthe killer. David and Cynthia had
given blood samples for testing. Cynthiahad TYPO blood, David had Type A.
At the time, that was asfar as blood analysis went, but

(17:12):
there has since been several advancements inthat area. Jenny Hann also examined the
trunk liner taken from the duwallerby Chevy. There she found some hairs that look
like Jacklin's and a Caucasian pubic hair. When she analyzed the fibers from the
quilt Jacklin was wrapped in and hernightgown, she excluded the possibility that any
of the fibers had been on thetrunk liner, discrediting the idea that Jacqueline

(17:34):
had been transported in the boot.Seventeen days after Jacquelin went missing, Officer
Woodark wrote a supplementary report after beinginstructed by Chief Fisher to include all the
details he could think of. Inthis report, Officer Woodark stated that there
was a layer of uniform, undisturbeddust on the window sill. This piece

(17:55):
of information was never noted in hisinitial report. Over the following months,
the Duallabies tried to regain some semblanceof normality. For Davy's sake, David
went back to work. The taskforce was still trying to find Jacqueline's killer.
A lot of the members of theteam were locals who were parents themselves.

(18:17):
It was a massive case that hadeveryone emotionally invested. We all carried
pictures of her in our wallets.Just a mag diferent past the mountains is
to keep you guys motivated, andwe carried pictures in our wallet until till
your rest was made. On Octobersixth, Hayden Baldwin wrote his crime scene

(18:38):
report, apparently using his notes fromSeptember tenth, the day he processed the
Duwallabies home. In this report,he stated that he saw a layer of
dust on the interior window sill ofthe broken basement window, and that he
rang his finger across the dust.Baldwin, however, did not photograph the
dust or lift it using his tapeor electrostatic print lift. With two members

(19:02):
of law enforcement reporting to have noticedthe same thing, a layer of dust
that would have been disturbed if someoneentered the d Wallaby house, the suspect
list was narrowing to those who hadalready been inside. Hayde Baldwin, who
was the head investigator, had criminalismfor that areas CSI units. He says

(19:23):
nobody got in that window. Thecase wasn't strong enough to push for an
the rest barrant yet. Although Monnysuspected Cynthia and David were involved in Jacqueline's
murder, there wasn't enough evidence toprove that beyond a reasonable doubt. Anne
d Wallaby was frustrated that the policewere focusing on her family instead of looking

(19:45):
for an intruder, and called ChiefGrieves to try and reason with him.
Grieves agreed to speak with her atthe station the next morning. When Anne
arrived, the Assistant State Attorney NormaReyes was there with Chief Grieves to interrogate
her for four hours. Anne wasquestioned about Jacklin's disappearance, her son David,
and daughter in law Cynthia. RayAs drafted a report based on the

(20:10):
interview, and it included statements thatimplicated someone in the home was a suspect.
These words at the rope found indwallaby home was similar to the one
found around Jacklin's neck, that Anneknew David smoke marijuana and possibly sold it,
and that she found no signs ofan intruder in her basement bedroom after
the window had been broken. Annewouldn't sign the report. She believed that

(20:33):
her account had been twisted and takenout of context, but Rayas told the
State Attorney's office that Anne just didn'twant to implicate her son. While it
seemed like the police were unveiling andunsettling secret in the Dwallaby family, the
family themselves were coming to terms withrevelations that Cynthia's brother had been liaising with
the police and believed that David wasguilty. He had purposely been feeding his

(20:57):
sister and her husband with false formationand relaying new evidence to the police to
implicate them in their daughter's killing.While the feeling in the neighborhood was mostly
supportive of the Duallabies, some statementscast doubt on their reputation as a normal,
loving family. A neighbor claim tohave seen Davy playing with a rope

(21:17):
in the garden a few times.When he was shown the rope found around
Jacqueline's neck, he said it lookedlike the same rope. In late October,
Cynthia had also discovered that she waspregnant. The pregnancy was unplanned,
but she felt as though it wasa good thing, a gift from God
to help her find strength to carryon. Nothing would ever replace Jacquelynn,

(21:37):
but maybe the new baby was theirchance to move forward despite their loss,
with Jacquelyn always in their hearts.The state attorney at the time, Richard
Daley, was planning on running formayor, and some believe that this influenced
the case. On November twenty first, the day before Daily announced he was
running for mayor, and a fewdays before thanks he told Patrick O'Brien,

(22:02):
the prosecutor for the state, topress charges against the Wallabies for murder and
concealment of a homicide. Oh warrantwas signed that night. It was strictly,
it was strictly a circumstantial case,and we knew that going in.
We knew that there was a chancethat, you know, it took us

(22:22):
forever to get a charge. Wewould go to the States Attorney's office and
they'd say, well, what aboutthis, what about that? This is
all we got. Oh wait,it was election year. It was wait,
wait till after the election. Well, again, we laid it all
out. Circumstantially, no one elsegot into the house. They had they
had control of the house and thatlittle girl. And then afterwards you have

(22:48):
two people who identify his car asbeing in a lot, one that night
and another one subsequent to that,and that's what was part of the warn't.
And George said, okay, that'syou know, don't forget for reward.
You just need probable cause a person, a regular person, would believe

(23:10):
that a crime had been committed inthis person into crime. For conviction,
you need beyond a reasonable doubt,and that's a lot different. On November
twenty second, nineteen eighty eight,David was due at work. His boss,
Ron answered the phone and the womanon the other end said, Ron,
we just spoke up in days goingto be a bit late. When
David didn't arrive at work, Ronrang the Duallaby house and spoke to Cynthia.

(23:34):
He asked why David hadn't shown upand when he left, he asked
Cynthia she'd called him that morning tosay David will be late. Cynthia applied
that David had left at the usualtime and she had no idea what Ron
was talking about. That wasn't heron the phone. David was missing.
Cynthia panicked. She thought David hadbeen taken away, just like Jacqueline had

(23:56):
been. She called her lawyer,Ralph Netcheck, and told him that David
was missing. The police had saidthat they'd informed the lawyers if they were
going to arrest David in Cynthia,so that they could go to the station
themselves and avoid the crowds. WhileCynthia was on the phone, a team
of officers entered her house and tookthe phone from her. They had a

(24:17):
warrant for her arrest. The sameofficers who comforted her the night jack AND's
body was found were now reading herher rights and arresting her in connection with
the murder of her daughter. Davywasn't awake yet. He was asleep on
his mattress beside his parents' bed.Cynthia worried that she wouldn't get to say

(24:37):
goodbye or explained where she was going. Anne was home so she could take
care of Davy, but Cynthia knewhe was going to wake up and wonder
when he was going to see hisparents again. When Cynthia was placed into
a police car and driven towards BlueIsland Police station, officers went back into
the house and began looking for Davy. The little boy was asleep in his
parents' room. He had been terrifiedto sleep alone in case someone came in

(25:02):
to take him away. Now hewas waking up to find that two officers
were there to do just that.David had left for work as normal that

(25:23):
morning. A short distance away fromhis house, he was pulled over and
what appeared to be a routine trafficstop at one hundred and forty seventh and
Lawn Deal. The patrol man askedyou of it to identify himself, and
when he did, he was arrestedand placed into the back of a patrol
car. He didn't get the chanceto call Cynthia or his boss. Instead,

(25:45):
a policewoman had called and pretended tobe Cynthia and told David's boss that
he would be late. The couplewere brought to the Blue Island Police station
separately. The media had been tippedoff, and we're already waiting, Cynthia
said, I could see one officerin the front seat look at himself in

(26:07):
the mirror and adjust his tie.The other one was also fixing himself,
trying to make sure he looked good. Both officers in the front seat got
out and headed towards the reporters andthe cameras. They left me and the
other officer in the back. Wewere locked in. We couldn't get out.

(26:27):
It was like they forgot us.We sat there for a couple of
minutes before they remembered and came backfor us, and I was supposed to
be their big prisoner. Cynthia wasled through a crowd of reporters from every
regional paper, five news channels,and various radio stations. Cameras flashed and

(26:48):
voices called out asking her what shehad done as she was brought in to
the station. Once the word gotout, because by that time they reminded
turning everything we did. We triedto do it as secretive as possible to
avoid the media circus. But bythe time we got to Midlothian Police station,

(27:10):
we had placed him under arrest,like seven in the morning, on
the way to work. Then Cynthiawas arrested in her house and from there
it word got out somehow. Idon't know if she was allowed to make
phone calls, called her family orwhat the word got out. By the
time we got to the station,media was there already. It's all they

(27:30):
got was us bringing them in fromthe cars. They get they get fingerprinted,
they get fingerprinted, they get mugshots taken. We then tried to
interview him again, and you know, I don't recall if he at that
time and vote for a lawyer,or if he did talk same thing with
Cynthia. I don't remember. Theyhad given other statements. So and then

(27:53):
the next day they have bondeering andthe judge sets upon for him. Cynthia
could hear David calling out for herwhile she was being booked in, so
she knew that he was there too. She was allowed to make one phone
call and she rang Anne to seeif Davy was okay. She was worried

(28:14):
that he was upset after waking upand finding that she was gone, Anne
had to tell Cynthia that Davy hadbeen taken away and she wasn't told where
they were taking him. Cynthia hadno time to process this news before she
was booked in and had her mugshottaken. Shortly after she was taken into
the interrogation room, Cynthia recalled,there was a terrarium on the table with

(28:40):
this tarantula in it. I sawit as I walked in the door.
I sat down at the table,and the officer who brought me in started
saying, You're never going to seeyour son again. You're never going to
see your husband again. You'd betterconfess. Nobody has money for you.
No one in your family has money. He'll ever be able to raise money

(29:00):
for an attorney, and no attorneyis ever going to believe you. Cynthia
tried to maintain her composure. Sheknew her lawyer was on the way,
so she sat in silence. Theinvestigator tried to get Cynthia to speak.
They asked her if she had killedJacqueline. They then attempted to intimidate her

(29:21):
by throwing furniture around. An envelopewas brought into the room. Chief Grieves
held it in his hands before heslid it across the table to where Cynthia
was sitting. Cynthia was sitting withher head in her hands, but as
the envelope was pushed towards her,two photographs spilled out, and she had
no opportunity to avoid them. Thephotographs were of Jacqueline, her daughter's decomposed

(29:48):
body. The photographs were of Jacqueline'sleg and her mouth. Cynthia hadn't been
allowed to see Jacqueline after her bodywas recovered. It would have been too
traumatic, and the decision was madefor Jacqueline's casket during me and sealed.
But now there was no mistaking it. All of the hopes that Cynthia hard

(30:11):
that the police had made a mishake, and it wasn't Jacqueline. We're dashed
instantly. You know your child's moy, every smile, every point, every
quiver of their bottom lip when theyare upset. There was no denying it.
Now her daughter really was dead.Management in particular was a fundamentous Christian,

(30:38):
and he kept telling you things ofthat sort. And I think that
the playing number bad right here here, here's this, this is why this
is this mega infestive body of thisfor every little bill and you did this.

(31:00):
You know you can make this right, you know as confess, take
it off your conscience. Yeah,that is The effort didn't work in this
case and in other cases. Cynthiaturned her back to the officer and the
photographs. A female officer entered theroom and said she didn't have to look

(31:22):
at the photographs, she could justput them away. Cynthia declined she didn't
want to touch them or see them. Another officer then came in and said,
we'll have to use the tarantula.Her back was still the officers when
one said, by the way,the tarantula's name is confess. Cynthia feared

(31:44):
that they might put the spider onher, but she knew that there was
just no way they would actually dothat. It was just scare tactic.
Investigators also tried to put the coupleagainst each other, question that they believed
that upon the arrest and getting theminto custody, that they'd be able to

(32:07):
obtain confessions. Uh, they didn't. Unfortunately, because David and Cynthia were
um they were pretty strong and uhand they knew that each of them,
they does knew that there those umso that the police didn't have as much
leverage as they might have in othercases. You see often in these cases

(32:30):
two people in arrested, maybe theirfriends well separate them from an interrogation and
then they'll come tale run. Allthe other guys told us all about it
and mailed and it's braining you.And unless uh and unless you have to
stay the talent, this is youronly chance to tell it looks like you're
going to take the rap. Uh. Well that that those kinds of techniques

(32:52):
often produce uh uh, you know, unreliable confessions. Uh, those kinds
of things. Then in Great Britainthe police or write a suspect during interrogation
in the United States that they area Tory and that would be changed.

(33:16):
But it has not been changed.David had been brought to a conference room
where he was questioned by Chief Grievesand Captain mcdevit. Grief said, listen,
David, what's done is done.If it was an accident, just
tell us it changes the whole complexionof the kiss. David burst into tears

(33:36):
and said, I have nothing tosay to you. McDevitt presented a photograph
of Jacqueline, her kindergarten photo andgesture to his heart, saying, I
keep this right here. David askedif he could have the photograph perform.
Mcdivit spread more in front of him. This time, the photographs weren't of

(33:58):
his little girl smiling in school.There were autopsy photographs showing a heavily decomposed
child in full color. Chief mcdevitsaid, this is what you did.
Take a look at these. Davidturned his head away. The investigators implied

(34:19):
that he would only get three yearsfor concealment of a corpse if he told
them it was an accident. ThatDavid remained silent, But if the investigators
believed that there had been some kindof accident in the home on the night
before Jacqueline was reported missing, andthought that the murder charges might prompt David
to admit that was what had happened. They thought that because Cynthia had supposedly

(34:45):
proclaimed herself as the disciplinarian before,and the fact that Jacqueline wasn't David's biological
child, suggested that Cynthia had killedJacqueline and David was covering for her.
They theorized that there was no waythat Cynthia would cover for David if he
killed her child, but if shewas the one who killed Jacqueline, David

(35:06):
would fall into the protector role thathe had always played. The Duallabies attorneys
arrived at the station at around tonam. They were furious that their clients
had been arrested, and perk walkedbetween Blue Island and Midlothian Police Station,
allowing the media to get plenty offootage of the alleged baby killers. The

(35:29):
couple were then returned to Blue IslandPolice Station, where they spent the night.
Press conference was held that evening.Captain mcdivott pointed at a photograph of
Jacqueline and said, we did itfor her. The following morning, a
hearing was held in relation to gettinglow bail for the Duallabies. Judge Michael

(35:52):
Boland presided. The Duallabies lawyers,Metigan Hyman said that their clients posed low
flight risks and had not left despiteknowing their arrest was likely throughout the investigation.
The prosecution Patrick O'Brien said that thecouple should be denied bail because the
evidence against them was strong and thecrime was a potential capital offense. O'Brien

(36:15):
alleged the rope found around Jacklin's neckwas the same rope that a neighbor had
seen Davy playing with, and theyhad a witness that placed David at the
scene where Jacklin's body had been found. The judge initially dismissed O'Brien's claims until
they had a private meeting during arecess. After this, Judge Poland denied
bond. He said Jacquelin's murder wasdepraved and an apt breatht of mercy.

(36:40):
He also said, when you stranglea seven year old with a rope,
it's heinous conduct unwantonly cruel. Apreliminary hearing was scheduled for December second.
Over a week later, David andCynthia were transferred to Cook County Jail after
being refused bail. While being transferred, she was handcuffed tightly. This was

(37:04):
the first time she told the policethat she was pregnant. As she was
being led to the cell block,taunts and threats echoed throughout the building.
She was moved to an isolation cellfor her own safety. Cynthia remembers the
cell being bitterly cold. They didn'tgive her anything to keep her warm through
her first night alone without her husbandor son. She was terrified that David

(37:29):
was being beaten by the police andworried about Davy. She still hadn't been
told where he was or why hewas taken away. Were they being subjected
to the same intimidation tactics that shewas to Davy think that they had abandoned
him. David was driven to thejail by Chief Grieves, and on the

(37:50):
way over, Greeves attempted to getDavid to confess, saying, if this
was an accident, knows the timeto tell the truth. You still have
this one last shot. David replied, I have nothing to say. When
word broke about the Duallaby's arrest,the locals were shocked. They had been
living in fear and now it seemedlike the culprits slipped right down the street.

(38:14):
John Bitten said, we got numerouscalls from neighbors worried about a child
killer on the streets. It wasvery frustrating not being able to tell them
anything. That the prime suspects werethe parents. The evidence still ride.
It would have been based in theman identification. We said He's had a

(38:35):
whole case since predicated on the presumptionthat the child was murdered in the house
and that this window was broken tocover up the crime. The sly bad
people. It's widely known that eyewitnesstestimony is notoriously unreliable. One remarkable case

(38:55):
which could be used for the posterchild of inaccurate witness testimony is that of
Kirk Bloodsworth. In nineteen eighty five, Kirk was convicted of the sexual assault,
rape, and first degree murder ofnine year old Don Hamilton in Rosedale,
Maryland, and subsequently sentenced to diein the gas chamber. His conviction

(39:15):
rested predominantly on five separate eyewitnesses thatplaced him with the victim on the day
of the murder, even though twoof these witnesses were unable to pick him
out of a lineup. After servingnine years behind bars, additional DNA testing
that was requested by Kirk proved thatthe seaman found in Donald's underwear was not

(39:36):
his, and he was released.This isn't an isolated incident either. The
Innocence Project conducted a report that discoveredthat since the nineteen nineties, when DNA
testing was introduced, seventy three percentof the two hundred and thirty nine convictions
that were overturned because of DNA werebased on eyewitness testimony. There is a

(39:58):
misconception that memory works like a videotapein the sense that we can store information
and then play it back whenever wewant. However, memory doesn't work that
way. Memories are reconstructed, andfragments of memory can often be combined.
When information that somebody has seen ontelevision or being provided by the police,
what people think they may have seencan be a combination of what they saw,

(40:21):
what they thought they saw, andwhat was provided to them, rendering
eyewitness testimony imprecise. Nevertheless, goingon the belief that a residence saw David
in the vicinity of the crime scenewas enough for him and his wife to
be charged for his degree murder.During a routine interview with residence of the
apartment, Everett Mann had told investigatorsthat he had seen a dark colored car

(40:45):
near the dumpster Jacklin was found behindjust after two a m. On the
tenth of September. He said thathe was around seventy five yards away,
so I had been unable to makeout the identity of the person, or
even the gender or race. Intrigued, investigators decided to conduct a further interview
at Man to try and ascertain ifhe knew anything else about the siding.

(41:09):
During this second interview, Man saidhe had caught a glimpse of the unidentified
person in the car, but couldonly describe the side profile features of his
nose, which he said was largeand straight. Mann was shown a ray
of photographs of five men, allfrontal views. David Duallaby's photograph was in

(41:30):
the collection, although it was thirtypercent larger than the rest. Man said
that he couldn't be sure any ofthe men looked like the person he saw
in the car that night, butDavid Dualloby's no structure looked the most similar.
Man was then taken to the BlueIsland Police station, where his statement
was recorded. Here. Mann saysthat he had finished work at ten thirty

(41:51):
p m. On Friday, Septemberninth, and spent the evening with a
woman before returning back to the Islanderapartments at approximately two a m. As
he pulled into the dimly lit carpark, he saw headlights of another car
pulling out of the parking lot.When asked if he saw any occupants in
the car. He stated that hesaw what looked like a male's head with

(42:13):
a large, straight nose. Hewasn't sure what race the occupant was,
but judging by his hairstyle, presumedthat he was white. It had been
a dark, moonless night in BlueIsland. The car park was not well
lit, having just one night bythe building and some more street lights in
the distance. Man stated that hewas about seventy five yards from the car

(42:35):
when he saw the driver's silhouette.When asked about the car, Man said
that it looked similar to a lateseventies version of a Chevrolet Malibu, but
wasn't sure what colored the car was. He said it could have been dark
blue, navy blue, black,or dark brown. Again, he picked
David to Wallaby's follow from the lineup. Next, Man was taken to
Bedlow the In Police station, wherehe was interviewed by state police officer Kevin

(43:00):
Shopnessy. According to Shopnessy to report, Man told him that the vehicle was
a dark colored midsized car, whichhe thought to be about in nineteen seventy
five Chevrolet Malibu. Man told theofficer that he knew what a malady looked
like because his sergeant in the AirForce drove one and he made sure he
knew about the car to impress him. Man may have been trying to impress

(43:23):
the officers too. With the specificrecollection of that night, it would later
emerge that he had ambitions to workon law enforcement, having applied to join
the Chicago Police Force, the StatePolice, and the FBI a few years
previously. This may have gone againstMan as a witness, but the fact
that he admitted to being out witha woman that wasn't his wife made him

(43:44):
more credible. Just as the investigationbegan to focus on the Duallabies, Man's
witness statement became more specific. Thedark colored car who was now in nineteen
seventy nine Chevy Malibu. The silhouetteof a driver was now an identification David,
and this was enough to secure awarrant for the Dwallabies arrest. On
Tuesday, the twenty second of November, Blue Island Police Chief Paul Greaves referred

(44:08):
to this eyewitness testimony as excellent evidencethat made them able to eliminate all other
leads. They never elaborated what theseother leads were. Now you know often
I mean that same phenomena like thisthat people become persuaded who obviously in identifications.

(44:29):
I mean sometimes when a line up, the procedure has been recorded,
a witness were so well, Ithink that's him, where he looks more
like the guy than anybody else here, I'm pretty sure that's him become by
the time of the trial. Butminute I saw him, I knew absolutely
immediately it was him. That witnessis not lying. The witness has created
a false memory of certainty in thelapse of time and things like that happened,

(44:52):
and that may well have happened here. They just don't have the right
people. None of us believe Cindyand David had anything to do with it,
said Bob Toolberd, a neighbor ofthe Dwallaby family. While some locals
were just relieved that somebody had beenarrested for the shocking murder, most of

(45:13):
them felt that there had been amistake with who they had arrested. The
police weren't doing much to alleviate thesethoughts by not releasing more information as to
why they believed the Duallabies had killedtheir daughter. Another neighbor said that David
and Cynthia were loving and carrying parentsand that they were an exceptionally close family

(45:35):
and that she had never even seenthem. Argue, everybody sends in the
family and remembers universals, you know, and Cynthia ever written for Jacklin and

(46:14):
wrap and canvas celebri anybody. Bythis point in the investigation, police had
started to theorize the shattered window inthe basement was nothing more than a ruse
created by Cynthia and David to implythat somebody else had broken into the home.

(46:39):
Bob Tolberd briefly spoke with the ChicagoTribune and said that he knew for
a fact the basement window had notbeen shattered before the tenth of September.
He said that he had resorted hislawn in the summer and had used over
one hundred thousand gallons of water betweenJune and August. He said that he
had brought his hose between his houseand the Duwallabies house and said that the

(47:02):
window had not been shattered then.In fact, he said that he had
videotaped evidence that the window was notshattered. When he told police about it,
he said that they weren't interested anddidn't ask to see the footage.
Taking a new approach in the searchfor evidence they could swear their case.

(47:22):
Police decided they would turn their attentionto the duwallabies four year old son Davy,
who was to be examined by aphysician. David and Cynthia were behind
bars alone. They were left wonderinghow they could be charged with their daughter's
murder, if their spoie was okay, and where their son was. Thank

(47:47):
you for listening to today's episode ofThe Shattered Window. The Shattered Window is
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(48:09):
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